Legal Question in Family Law in North Carolina
my sister in law was on probation and didnt show for court. she instead left home where she lived with her disabled mother and eight year old daughter. Now she lives in another state. She says she sending someone to get her daughter and demands that we send her or she will have some kind of temp custody papers drawn up for the girl that is coming to get her daughter so we cant hold her. The little girls father is in jail and she does not want to go with her mother. Does the grandmother or myself and my husband have any rights to this child. We are very worried about the kind of life this little girl will have if we let her go. please keep in mind that the mother has criminal charges that she has run from.
1 Answer from Attorneys
Do not turn over the child to anyone unless law enforcement is standing on your doorstep and telling you you have to. You have no obligation to turn the child over to some stranger 'sent' by the mother even if this stranger has 'paper work'. If the person who comes to pick up the child has legitimate authority to pick up the child then make them come with law enforcement who can verify any such order. If mother shows up herself to take the child, you should consider refusing and calling law enforcement - presumably she has an outstanding warrant. Of course, the easy fix for this is for you to look into getting your own temporay custody order.
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